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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Alex, In cases of breech of contract, can one ask to terminate

Resolved Question:

Hi Alex,
In cases of breech of contract, can one ask to terminate the contract? E.ON has made soooo many errors and lied so many times, I am fed up with them! The ombudsman said that they should pay £150 for poor customer care, but I would like to just be shot of them. If one does that, do they give you the full value of the contract? ... or would this be pushing things? It would be easier to figure out the exact amount.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Thanks for requesting me again

Alex Watts :

Yes you can to terminate it but the breach must be substnatial

Alex Watts :

And the longer you live with the breaches, it is harder to claim to terminate because you are deemed to accept it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I took immediate action as soon as I discovered the breech, and the action with the Ombudsman is still in progress (ie waiting for the corrected letter from the Ombudsman).

Customer:

Maybe the breech is not substantial... but it is half of the contract and about £27,000. However, the company has lied to me, lied to the Ombusdman (now twice and one I have written evidence for), not told the truth in this case to cover themselves about what they told me about the contract, been incompetent and lost my initial email applications, lied about not being able to trace those emails, lied about the date they recieved my first application, and lost the last page of the paper application, and got the bill wrong (ie missed out a year) and missold me my electricity tariff (that was separate), to mention a few things! Would this be enough to not want to have a relationship with them any more, or does it complicate things?

Alex Watts :

Well this is why i think you need to take action.

Alex Watts :

Claim for the whole amount in letter and then decide whether to issue a county court claim for £27,000 or just the £10,000 to keep it a small claim

Alex Watts :

Does that help?

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